Eugene Savio Valles v. Oscar S Valles Alias Oscar Valles Alias Sri. Oscar Sebastian Valles Alias Oscar Sebastian Vallvs, A

1 TP 3619 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 26th September'2024.

Sr. No. 13 - TP 3619 of 2024 (ECHCBM02127002024) Mr. Deepak Sonkamble, Advocate i/b. Ajit Hodage for the petitioner.

For Compliance.

1. Perused the Petition. Heard Advocate for petitioner. Advocate for petitioner submits that the present petition is for Succession Certificate in respect of certain Securities belonging to the deceased viz. Sri. Oscar Sebastian Valles alias Oscar S Valles alias Oscar Valles alias Oscar Sebastian Vallvs, alias Oscar Sebastan Valles, son of John S Valles who died at Thane on 11.02.2007. Copy of death certificate is annexed at Exhibit -'A' to the petition.

Advocate for petitioner submits that since identification proof of the deceased is not available petitioner had filed Affidavit dated 24.04.2024 for dispensation of identification proof of the deceased. After perusal of the same it is found that the petitioner has mentioned that they had taken search, but the said identification proof of the deceased is not available with them. Hence, the petitioner request that they may be permitted to file the present petition without the identification proof of the deceased. The said request is

2 TP 3619 of 2024 accepted. Copy of Affidavit for dispensation of identification proof of the deceased is annexed as page no. 31 to 32 to the petition.

2.

Advocate for petitioner submits that the said deceased ordinarily resided at A/303, Capri, Hiranandani Estate, Patilpada, Thane - 400 607 and left property within Greater Bombay and in the State of Maharashtra and elsewhere in India.

Pursuant to the direction passed by the Hon'ble Court in TP No. 233 of 2022 the issue of jurisdiction under section 371 of the Indian Succession Act is decided. It is decided that, this Hon'ble Court is having Jurisdiction if, the Securities/Debts lies in the Jurisdiction of this Hon'ble Court. This Court is having jurisdiction to proceed with the matter. Since, the Hon'ble Court has decided the issue of the Jurisdiction petition can be proceeded.

3. Advocate for petitioner submits that, the said deceased died intestate and that due and diligent search has been made for the Will but none has been found. 4.

Advocate for petitioner submits that the legal heirs left behind by the deceased surviving as his only heirs nextof-kin according to Indian Succession Act, 1925 are mentioned in para no. 4 of the said petition. Advocate for the petitioner request permission to carry out correction in para no. 4 of the petition with

3 TP 3619 of 2024 respect to Act. He will upload the corrected version and request reverification may be dispensed with. The said request is accepted. Advocate for the petitioner to carry out correction in para no. 4 of the petition with respect to the Act. He will upload the corrected version. Reverification is dispensed with.

5.

Advocate for the petitioner submits that the parents of the deceased predeceased the deceased. The wife of the deceased viz. Clare Valles died on 17.01.2024. Copy of the death certificate is annexed as Exhibit "B" to the petition. Advocate for petitioner submits that the deceased left behind him son and daughters viz. (1) Eugene Savio Valles (son of the deceased/petitioner herein), (2) Noella Orson Rodrigues (daughter of the deceased), (3) Zeena Avelina Valles (daughter of the deceased), (4) Joan Tejas Bhope (daughter of the deceased), (5) Carol Sancia Valles alias Valles Carol Sancia (daughter of the deceased). Save and except there are no other legal heirs and next of kind left by the deceased, which is mentioned at para no. 4 of the petition.

Advocate for petitioner submits that Noella Orson Rodrigues, Zeena Avelina Valles, Joan Tejas Bhope, Carol Sancia Valles alias Valles Carol Sancia had given their consent for issuance of succession certificate in favour of Eugene Savio Valles.

4 TP 3619 of 2024 The consent affidavits are annexed as page no. 13 to 24.

6. Advocate for Petitioner submits that being the son of deceased claims to be entitled for 1/5th share in the estate left by the deceased.

7. Advocate for petitioner submits that, there is no impediment under Section 370 of the Indian Succession Act, 1925 or under any other provision of this Act or any other enactment to the grant of the certificate of the validity thereof if it was granted.

8.

Advocate for petitioner submits that no application has been made to any District Court or District Delegate or to any High Court for probate of any Will of the said deceased or for letters of administration with or without the Will for annexed to their property and credits. 9.

Advocate for petitioner submits that no application has been made to any District Court for Succession Certificate in respect of any debt or security belonging to the estate of the deceased.

10. Advocate for the petitioner submits that there is delay of filing this petition be condoned as the concerned authorities asked for legal representation to transfer the

5 TP 3619 of 2024 property in favour of the Legal heirs. In view thereof, delay is condoned.

11. Advocate for the petitioner submits that the General Notice was issued on 26.07.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 07.08.2024 for proving General Notice filed through e-filing and Administration Bond dated 16.08.2024 also filed through e-filing.

12. This petition is filed for grant of Succession Certificate in respect to the securities which was mentioned in Schedule-1 which is annexed to the petition. The petitioner has complied all the necessary compliance for grant of the Succession Certificate in favor of the petitioner. Hence, facts stated by petitioner, on oath, remained unchallenged and required to be accepted. Accordingly, petition deserves to be allowed, as prayed for. Hence, following order :

ORDER

1) Petition is allowed and the Succession Certificate be granted to the petitioner for certain securities left by the deceased and shown in the schedule, in prescribed format.

2) Before issuance of the grant, the office to verify whether any cross Petition is pending or Affidavit resisting the petition is filed.

3) The petitioner to file an account as undertaken in the Administration Bond within stipulated period. Necessary

6 TP 3619 of 2024 endorsement be made on the Administration Bond, subject to satisfaction of the Department.

Office to issue grant as soon as Advocate for the petitioner carry out correction in para no. 4 of the petition with respect to the Act and upload the corrected version. COMPANY REGISTRAR / TESTAMENTARY REGISTRAR